Rhode v Markham-David (No 2) [2007] EWHC 1408 (TCC) (26 March 2007)

Rhode v Markham-David (No 2) [2007] EWHC 1408 (TCC) (26 March 2007)

The adjudication was never validly commenced because the adjudication notice was not effectively served on the defendant as required by section 115(4) of the HGCRA. Even if service had been valid, the proceedings were conducted with such unfairness that the decision could not be enforced.

Citation
[2007] EWHC 1408 (TCC)
Parties
Claimant: Mr Rhode; Defendant: Mr Markham-David
Jurisdiction
England and Wales
Judgment Date
26 March 2007
Procedural Posture
Claim to Enforce Adjudicator's Decision (construction Contract) / Trial After Summary Judgment Permission to Defend
Outcome
Claim dismissed
Legal Topics
Adjudication Enforcement, Service of Documents, Natural Justice, Fair Hearing
Construction Law Civil Procedure Adjudication Enforcement Service of Documents Natural Justice Fair Hearing

Case Brief

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Parties

Mr Rhode

Claimant

Mr Markham-David

Defendant

Procedural Posture

Claim to Enforce Adjudicator's Decision (construction Contract) / Trial After Summary Judgment Permission to Defend

Legal Issues

  1. 1 Whether the adjudication was validly commenced by service of notice on the defendant
  2. 2 Whether the adjudication decision is enforceable given alleged procedural unfairness

Ratio Decidendi

The adjudication was never validly commenced because the adjudication notice was not effectively served on the defendant as required by section 115(4) of the HGCRA. Even if service had been valid, the proceedings were conducted with such unfairness that the decision could not be enforced.

Court Disposition

Claim dismissed

Orders

  • Claim to enforce adjudicator's decision dismissed with costs